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Workplace Health and Safety, Safety Laws of European
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Criminal law is concerned with conduct which the State considers should be punished, whereas civil law is concerned with private rights. A crime may be regarded as a public wrong; but conduct which is harmful to the public is not necessarily criminal. “Crimes, then, are wrongs which the judges have held, or Parliament has from time to time laid down, are sufficiently injurious to the public to warrant the application of criminal procedure to deal with them.' (Smith and Hogan.) Nor is immoral conduct necessarily criminal; but conduct which would not be regarded as immoral may be criminal on grounds of social expediency. “The domain of criminal jurisprudence can only be ascertained by examining what acts at any period are declared by the State to be crimes . . .' (Lord Atkin.)
This means that crime can only usefully he defined by reference to procedure: 'A crime (or offence) is a legal wrong that can he followed by criminal proceedings which may result in punishment.' (Glanville Williams).
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University
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Workplace Health and Safety
Introduction
Formative Summative Part
In any working environment, safety of everyone working there should be given top priority. Every jurisdiction around the world has put in place regulations that require every business organization to put in place safety measures for their employees and any stakeholder that is involved in day-to-day operation of the business. This essay will be discussing Workplace Health and Safety that is also commonly referred to as Occupational Health and Safety. According to Baggs, Silverstein and Foley 2003, Workplace Health and Safety entails an assessment and transfer of risks that may affect the safety, health, or better still well being people found in the work place. This may include the health and safety of the employees, visitors, customers, suppliers, contractors, builders, machine operators, and/ or board members. As the owner or major shareholder of the business organization, there are some legal requirements that differ from country to country that must be complied with to make sure that the workplace meets the obligations of Workplace Health and Safety. There are many instances when people have confused the Workplace Health and Safety and the Occupational Health and Safety to mean the same thing (Geldart et al 2010).
However, they could differ with one another in one way or the other depending on the jurisdiction where the business organization is operating from. When it comes to Workplace Safety and Health, different countries have developed their own safety standards that ought to be observed by the business owners when taking care of their business. For instance, all countries that are found within the European Union block, have adopted the European Standards to make sure that there is total machine safety at different workplaces in the European countries. On the other hand, Japan has also committed itself in obeying the internal standards that have been set to ensure that there is better trade. Other than adopting international workplace safety standards, Japan has also set its own standards that are known as Japan Industrial Standards. There are international standards and regulations that have been put in place to ensure that trade barriers are removed that would guarantee free trade globally. The United States has got its own workplace safety standards. The United States standards are known as Occupational Safety and Health Administration (OSHA). The OSHA Act was passed by the US congress in the year 1970 to offer safe and health working conditions. There are different workplace health and safety laws that are there in different jurisdictions to guide the safety standards in different workplaces across the world (Sheeran and Silverman, 2003).
This essay examines workplace health and safety laws and standards that are in there in the European Countries and the benefits of these workplace safety standards.
Workplace Health and Safety for Business Organization
Sheeran and Silverman 2003 posits that any business owner or a major shareholder has got legal responsibilities to ensure that health and safety practices in his or her workplace are implemented as soon as the business begins to operate. The business owners should ensure that they create a working environment that would not expose their workers and other stakeholders to health and safety problems. Having deep understanding of the laws that are guiding the safety standards of the working place will help the business owners to avoid; unnecessary costs and damage to the business that are caused by the workplace illnesses and injuries.
Workplace Health and Safety Laws of European
Health and Safety Legislation in the Europe
Different countries in the world have got different laws that guide workplace health and safety standards. For instance, European countries have got the same laws that guide the health and safety at various workplaces. In Europe, proposal concerning health and safety standards at workplaces are enacted either under Article 100A or Article 118A of the Rome Treaty (Slapper and Kelly 2009). After several deliberations and consultations with international committees, other Council working groups, the Directorates Generale, they generate proposals concerning health and safety issues. These proposals are then being submitted to the commission, which thereafter would submit its proposals to the Council of Ministers. Further consultations would follow; thereafter the European Parliament together with the Economic and Social Committee, and both of them would issue their own opinions on the proposal after voting. After the commission has received the proposals and different opinions, the commission may decide to modify its proposals, though it is not expected to do that. From the commission’s desk, the proposals are then sent to the Council of Ministers. According to Lèfstedt 2011, health and safety issues are always being proposed under Article 118 A of the Rome Treaty; and in these scenarios the necessary Council is that of Labour and Social Affairs Council. Thereafter, the council is supposed to discuss the proposals and the cast a vote on them. It is also important to note that the council would discuss the health and safety proposals and votes through the use of qualified majority vote system in order to adopt a common position. The common position adopted by the council, would be the starting point for the process of European Parliament. The European parliament can either adopt or reject the common position adopted by the council. Most importantly to remember is that the European Parliament can either directly or indirectly approve the Common Position by just taking no action on it. In this case, the proposal is then adopted automatically adopted by the Council Ministers. Better still the European Parliament can as well decide to send back the Adopted Position to the council with proposed amendments to the Common Position. This would the force for a resubmission, starting all the way at the Commission level and ending at the council level where a unanimous vote is needed so as to insert amendments proposed by the European Parliament and is not supported by the commission (Vos 1999).
The Common Law and Statute
The law that is concerned with health and safety issues is made up of criminal laws that are set out in statute law and the common law; that offers a means of compensation for damages and injuries suffered. These damages or injuries may be caused as a result of another person’s or party’s failure to comply with the statute law, or better still failure to perform any of the duties that have established by the common law for many years. According to Walters 2001, any breach of the statute laws is a criminal offence; where financial penalties can be imposed, and to some instances would lead to imprisonment. The judgment for the cases that involves breaching of the statute laws is adjudicated on a case by case basis; meaning that a case is decided based on its merit, weight and evidences available. The law would depend on how it has been interpreted by the court and as announced in the court decisions. It is important to remember that the decisions that have been made by the higher courts are binding on the courts that are below them, these kinds of laws are referred to as precedents. However, decisions made by the lower courts can assist judges of the higher courts to make decisions and this is known as persuasive. For instance, the decisions that have been made by the House of Lords in the United Kingdom are binding on the courts that are below it. Strauss 1999 posits that the decisions that have been made by the House of Lords can only been vacated or changed by the House of Lords itself by changing its mind, or alternatively by the Parliamentary Act. Statute laws are defined as the written laws f the land are made up of Acts of Parliament, and Regulations, Orders, or Rules that have been issued within the purview of the Parliamentary Acts. These Parliamentary Acts would always lay out the framework of objectives or principles.
Common Law
The Common Law on the other hand has evolved for many years based on the decisions that have been made by different courts and judges in the country. Accepted standards or common principles fill the voids or lacunas where the law of statute has not offered some specific explanations or requirements. The common laws that have been accumulated results in a stream of precedents, or decisions, are binding on the present similar cases. It is important to remember that before the 19th century, there were no case laws about Workplace Health and Safety issues. The case laws were introduced as a result of rapid introduction of industrial technology that also led to an increase in workplace injuries and health issues. For instance, in the year 1840, a young lady worker was able to successfully sue her employer and as a result was awarded damages (Cottrell V. Stocks (1840) Liverpool Assizes). Due to many cases that have been decided for many years, there are now multiple precedents that have been set, which are defining the functions of both the employers and their workers at the common law when it comes to workplace health and safety. As a result of many widespread laws about health and safety, employers are now required to take rational concern so as to prevent their employees from any expected disease, harm, or deaths at the workplace. The employers are expected to provide reasonable and maintenance of safe workplace, safe equipment and plants. In order for the employers to avoid any penalty under the common law, they must do what is necessary so as to ensure the health and safety of their workers (Strauss1999).
The Act of 1974 of the Health and Safety at Work ETC
Of all the legislations that have been enacted in Great Britain about health and safety, this particular Act is the major one. This Act of 1974, has given a clear and legal framework that would promote, encourage and stimulates high safety standards at different workplaces in the United Kingdom. Most importantly to remember is that previous legislations that were enacted about workplace health and safety; mainly concentrated on the solutions within the law. Several Factory Acts to be specific had progressively set high standards since the year 1833, by expounding on the measures that ought to be taken in companies. Although the base of legislation was gradually widened to include other types of premises, the new working practices and business organizations were not fully covered as at the third quarter of the century. There were several consultations that were made by the famous Robens Committee that took place between the year 1970 and the year 1972, came up with a new breed of law. This new breed of law put responsibility on the employers as well as employees to come up with their own solutions the problems of health and safety at the workplace, subject to a reasonable practicability (Oldham Smith and Madden n.d).
For the firs...
University
Course
Instructor
Date
Workplace Health and Safety
Introduction
Formative Summative Part
In any working environment, safety of everyone working there should be given top priority. Every jurisdiction around the world has put in place regulations that require every business organization to put in place safety measures for their employees and any stakeholder that is involved in day-to-day operation of the business. This essay will be discussing Workplace Health and Safety that is also commonly referred to as Occupational Health and Safety. According to Baggs, Silverstein and Foley 2003, Workplace Health and Safety entails an assessment and transfer of risks that may affect the safety, health, or better still well being people found in the work place. This may include the health and safety of the employees, visitors, customers, suppliers, contractors, builders, machine operators, and/ or board members. As the owner or major shareholder of the business organization, there are some legal requirements that differ from country to country that must be complied with to make sure that the workplace meets the obligations of Workplace Health and Safety. There are many instances when people have confused the Workplace Health and Safety and the Occupational Health and Safety to mean the same thing (Geldart et al 2010).
However, they could differ with one another in one way or the other depending on the jurisdiction where the business organization is operating from. When it comes to Workplace Safety and Health, different countries have developed their own safety standards that ought to be observed by the business owners when taking care of their business. For instance, all countries that are found within the European Union block, have adopted the European Standards to make sure that there is total machine safety at different workplaces in the European countries. On the other hand, Japan has also committed itself in obeying the internal standards that have been set to ensure that there is better trade. Other than adopting international workplace safety standards, Japan has also set its own standards that are known as Japan Industrial Standards. There are international standards and regulations that have been put in place to ensure that trade barriers are removed that would guarantee free trade globally. The United States has got its own workplace safety standards. The United States standards are known as Occupational Safety and Health Administration (OSHA). The OSHA Act was passed by the US congress in the year 1970 to offer safe and health working conditions. There are different workplace health and safety laws that are there in different jurisdictions to guide the safety standards in different workplaces across the world (Sheeran and Silverman, 2003).
This essay examines workplace health and safety laws and standards that are in there in the European Countries and the benefits of these workplace safety standards.
Workplace Health and Safety for Business Organization
Sheeran and Silverman 2003 posits that any business owner or a major shareholder has got legal responsibilities to ensure that health and safety practices in his or her workplace are implemented as soon as the business begins to operate. The business owners should ensure that they create a working environment that would not expose their workers and other stakeholders to health and safety problems. Having deep understanding of the laws that are guiding the safety standards of the working place will help the business owners to avoid; unnecessary costs and damage to the business that are caused by the workplace illnesses and injuries.
Workplace Health and Safety Laws of European
Health and Safety Legislation in the Europe
Different countries in the world have got different laws that guide workplace health and safety standards. For instance, European countries have got the same laws that guide the health and safety at various workplaces. In Europe, proposal concerning health and safety standards at workplaces are enacted either under Article 100A or Article 118A of the Rome Treaty (Slapper and Kelly 2009). After several deliberations and consultations with international committees, other Council working groups, the Directorates Generale, they generate proposals concerning health and safety issues. These proposals are then being submitted to the commission, which thereafter would submit its proposals to the Council of Ministers. Further consultations would follow; thereafter the European Parliament together with the Economic and Social Committee, and both of them would issue their own opinions on the proposal after voting. After the commission has received the proposals and different opinions, the commission may decide to modify its proposals, though it is not expected to do that. From the commission’s desk, the proposals are then sent to the Council of Ministers. According to Lèfstedt 2011, health and safety issues are always being proposed under Article 118 A of the Rome Treaty; and in these scenarios the necessary Council is that of Labour and Social Affairs Council. Thereafter, the council is supposed to discuss the proposals and the cast a vote on them. It is also important to note that the council would discuss the health and safety proposals and votes through the use of qualified majority vote system in order to adopt a common position. The common position adopted by the council, would be the starting point for the process of European Parliament. The European parliament can either adopt or reject the common position adopted by the council. Most importantly to remember is that the European Parliament can either directly or indirectly approve the Common Position by just taking no action on it. In this case, the proposal is then adopted automatically adopted by the Council Ministers. Better still the European Parliament can as well decide to send back the Adopted Position to the council with proposed amendments to the Common Position. This would the force for a resubmission, starting all the way at the Commission level and ending at the council level where a unanimous vote is needed so as to insert amendments proposed by the European Parliament and is not supported by the commission (Vos 1999).
The Common Law and Statute
The law that is concerned with health and safety issues is made up of criminal laws that are set out in statute law and the common law; that offers a means of compensation for damages and injuries suffered. These damages or injuries may be caused as a result of another person’s or party’s failure to comply with the statute law, or better still failure to perform any of the duties that have established by the common law for many years. According to Walters 2001, any breach of the statute laws is a criminal offence; where financial penalties can be imposed, and to some instances would lead to imprisonment. The judgment for the cases that involves breaching of the statute laws is adjudicated on a case by case basis; meaning that a case is decided based on its merit, weight and evidences available. The law would depend on how it has been interpreted by the court and as announced in the court decisions. It is important to remember that the decisions that have been made by the higher courts are binding on the courts that are below them, these kinds of laws are referred to as precedents. However, decisions made by the lower courts can assist judges of the higher courts to make decisions and this is known as persuasive. For instance, the decisions that have been made by the House of Lords in the United Kingdom are binding on the courts that are below it. Strauss 1999 posits that the decisions that have been made by the House of Lords can only been vacated or changed by the House of Lords itself by changing its mind, or alternatively by the Parliamentary Act. Statute laws are defined as the written laws f the land are made up of Acts of Parliament, and Regulations, Orders, or Rules that have been issued within the purview of the Parliamentary Acts. These Parliamentary Acts would always lay out the framework of objectives or principles.
Common Law
The Common Law on the other hand has evolved for many years based on the decisions that have been made by different courts and judges in the country. Accepted standards or common principles fill the voids or lacunas where the law of statute has not offered some specific explanations or requirements. The common laws that have been accumulated results in a stream of precedents, or decisions, are binding on the present similar cases. It is important to remember that before the 19th century, there were no case laws about Workplace Health and Safety issues. The case laws were introduced as a result of rapid introduction of industrial technology that also led to an increase in workplace injuries and health issues. For instance, in the year 1840, a young lady worker was able to successfully sue her employer and as a result was awarded damages (Cottrell V. Stocks (1840) Liverpool Assizes). Due to many cases that have been decided for many years, there are now multiple precedents that have been set, which are defining the functions of both the employers and their workers at the common law when it comes to workplace health and safety. As a result of many widespread laws about health and safety, employers are now required to take rational concern so as to prevent their employees from any expected disease, harm, or deaths at the workplace. The employers are expected to provide reasonable and maintenance of safe workplace, safe equipment and plants. In order for the employers to avoid any penalty under the common law, they must do what is necessary so as to ensure the health and safety of their workers (Strauss1999).
The Act of 1974 of the Health and Safety at Work ETC
Of all the legislations that have been enacted in Great Britain about health and safety, this particular Act is the major one. This Act of 1974, has given a clear and legal framework that would promote, encourage and stimulates high safety standards at different workplaces in the United Kingdom. Most importantly to remember is that previous legislations that were enacted about workplace health and safety; mainly concentrated on the solutions within the law. Several Factory Acts to be specific had progressively set high standards since the year 1833, by expounding on the measures that ought to be taken in companies. Although the base of legislation was gradually widened to include other types of premises, the new working practices and business organizations were not fully covered as at the third quarter of the century. There were several consultations that were made by the famous Robens Committee that took place between the year 1970 and the year 1972, came up with a new breed of law. This new breed of law put responsibility on the employers as well as employees to come up with their own solutions the problems of health and safety at the workplace, subject to a reasonable practicability (Oldham Smith and Madden n.d).
For the firs...
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